Under RTI Act, information can be denied only under section 8 or section 9
The appellant filed an application under the Right to Information (RTI) Act with the State Bank of India (SBI) seeking information on overtime allowances and other related issues. The Public Information Officer (PIO) denied the information stating that the matter was subjudice in the court and that if the appellant wanted this information, he should apply through court.
During the hearing before the Central Information Commission (CIC), the appellant submitted that he had been denied the overtime dues. Therefore, he had sought copies of the correspondence between the bank and the RBI that related to his working for long hours in connection with cash remittances. The respondent stated that this matter of overtime is disputed and pending in the court and thus the correspondence between the bank and the Reserve Bank of India (RBI) has not been provided to the appellant.
View of CIC
The Commission observed that there is no adequate reason to deny the information to the appellant. The CIC directed the respondent to provide the information to the appellant.
The information sought under the RTI Act can be denied only if it falls within the purview of section 8 or section 9. Any information cannot be denied merely on the grounds that the matter is subjudice before the court.
Citation: Mr. Narayan Lal Sharma v. State Bank of India in Decision No. CIC/DS/A/2011/003793/VS/01585
RTI Citation : RTIFI/2013/CIC/950
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